Legal Opinion

Estate of Lumpkin v. Commissioner

United States Tax Court

Decided July 19, 1971No. Docket No. 1715-68Published

Decedent's life was insured under a group term life insurance policy paid for entirely by his employer, and the beneficiaries of the policy were designated by the employer. Decedent's only substantive right under the policy was to select an optional mode of settlement which would spread payments to one of the beneficiaries, his spouse, over a longer period of time.

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Decedent's life was insured under a group term life insurance policy paid for entirely by his employer, and the beneficiaries of the policy were designated by the employer. Decedent's only substantive right under the policy was to select an optional mode of settlement which would spread payments to one of the beneficiaries, his spouse, over a longer period of time. Held, decedent did not possess any of the incidents of ownership of the policy within the meaning of sec. 2042, I.R.C. 1954.

1Opinion of the Court

Estate of James H. Lumpkin, Jr., Deceased, Christine T. Hamilton, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Lumpkin v. Commissioner

Docket No. 1715-68

United States Tax Court

56 T.C. 815; 1971 U.S. Tax Ct. LEXIS 98;

July 19, 1971, Filed

Decision will be entered under Rule 50.

Decedent's life was insured under a group term life insurance policy paid for entirely by his employer, and the beneficiaries of the policy were designated by the employer. Decedent's only substantive right under the policy was to select an optional mode of settlement which would spread…

2Cases cited16 opinions

  1. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  2. Boseman v. Connecticut General Life InsuranceSupreme Court of the United States · 1937
  3. Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
  4. M. E. Blatt Co. v. United StatesSupreme Court of the United States · 1938
  5. Lober v. United StatesSupreme Court of the United States · 1953

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